Patel release decision may come Friday in Portland

U.S. District Judge Dennis J. Hubel could decide Friday whether to allow Dr. Jayant M. Patel to be freed from jail before heading to Australia to stand trial.

Patel, 58, faces three manslaughter counts, each carrying a maximum sentence of life in prison, for allegedly botching surgeries that left patients dead in Australia.

Prosecutors consider Patel a flight risk. But his lawyer, Marc D. Blackman, said Patel is willing to wear a Global Positioning System device to monitor his whereabouts.

"I do believe that Dr. Patel has done everything in his power to embrace exclusive U.S. citizenship," Blackman said today during a court appearance by Patel before Hubel.

"He's consenting to extradition" to Australia, Blackman added. "He wants to have his day in court."

Hubel, during the court appearance, said he could not decide Patel's jail release request without a more precise timeline of when Australian officials would come to Portland to take Patel to Australia to stand trial.

Dwight Holton, an assistant U.S. District Attorney prosecuting the case it could take three weeks to two months for U.S. Secretary of State office to review the extradition case, which would dictate when Australian officials would to come to Portland for Patel.

Holton told Hubel today in court he would attempt Friday to provide him with a better indication of when the Secretary of State's office might review the case.

Blackman said if Patel is allowed release from jail, he would be confined to his home, except to attend medical appointments, religious services and other pre-approved appointments.

Patel was hospitalized with a depressed heart rate and is overdue for a consultation with his cardiologist, Blackman said.

He said the Global Positioning System device "simply removes that possibility'' of Patel as a flight risk.

"The instant it is removed, it sounds off the alarm that automatically triggers the alarm that is monitored 24 hours a day ... seven days a week.''